Unión Europea
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
[Follow-up question from the EC] There exist numerous published studies in relation to costs and duration of proceedings in the US federal and state court systems. As to the cost element, please find attached a copy of the "Report of Economic Survey 1997" by the American Intellectual Property Law Association. Could the United States confirm, or otherwise comment on, the results of this study?
Published articles regarding the cost and duration of legal proceedings in US Federal and state courts do exist, but they have not been prepared by the US Government and therefore, the US Government is not in a position to "confirm" that any "data on the actual duration or cost of proceedings concerned with the enforcement of intellectual property rights" contained in those articles are accurate or that the conclusions reached by the authors are valid. Regarding the tables attached to the EC’s follow up questions, the AIPLA's "Report of Economic Survey 1997", as its title indicates, is not a "study." Quoting from the introduction to the Report, "The survey reports on incomes and related characteristics of individual practitioners and addresses other economic aspects of intellectual property law practice. " In January 1997, the AIPLA mailed survey questionnaires to its 8,048 members and sent reminder post cards in February. Responses were received from 1,638 individual practitioners and 293 law firms. The first line of each portion of the tables attached to the follow up questions by the EC indicates the number of persons and firms supplying estimates from which the percentiles in that particular portion were compiled. The introduction notes that "percentiles based on fewer than 50 responses should be assumed to have relatively wide margins of error". The figures shown in the tables, as indicated in the table headings, reflect estimates provided by some AIPLA members responding to the questionnaire. They are not "data on the actual duration or cost of proceedings concerned with the enforcement of intellectual property rights". AIPLA members were instructed to consider, in making their estimates, "total cost" to be "All costs, including outside legal and paralegal services, local counsel, associates, paralegals, travel and living expenses, fees and costs for court reporters, photocopies, courier services, exhibit preparation, analytical testing, expert witnesses, translators, surveys, jury advisors, and similar expenses", incurred for discovery, motions, pre trial, trial, post trial and appeal.